victory, and well finishes the season with a 20 20 record isn't that great? martha: what a great team. they should feel fantastic, what a great way to end the summer be ate everybody in town showed up. martha: have a great day, i will see you back at 2:00. jon: hillary clinton and donald trump on opposite sides of the country today as the presidential race approaches its final phase. good morning, i'm jon scott . jenna: i'm jenna lee and labor day traditionally kicks the white house rays into high gear with the campaigns

pouring millions into ads in key battleground states as candidates crisscross across the country making their case to voters. hillary clinton is voting this week to fundraising in the new york city area. donald trump is raising money today but unlike mrs. clinton, he's still campaigning with arally have a big speech on immigration tomorrow. we have live fox team coverage with mike emanuel in pennsylvania but we begin with senior national correspondent john roberts at sunny beverly hills california, john? reporter: i got to be honest, i feel like we've been in high gear in this campaign for a year or more . good news for donald trump comes in the form of a monmouth pulled today showing hillary clinton steve still has the lead but that lead has been reduced to seven points. earlier in the month of august after the democratic convention, that lead was a full 13 points. kellyane conway, donald trump's campaign manager suggested a couple weeks ago that the polls were going to begin to tighten with this pivot he is taking. she appears to be right at least according to the monmouth pole. we will see how what effect this speech on immigration has on his numbers. donald trump has been pushing

back back against any notion that his position as when it comes to policy a softening tweeting out this morning at the week hour of 3:20 7 am in beverly hills, from day one i said i was going to build a great wall on the southern border and much more. stop illegal immigration. here's what trump circuit rick perry former governor rick perry of texas had to say about all that earlier on fox and friends donald trump is not softening his position on immigration. donald trump is going to secure that border and all the different ways that you have to do that. he is committing to not only immigration reform that lets the people in that we want in this country but those that have come in that overstayed their visas, those that have come in that era criminal element. those individuals are going to be rounded up and dealt with appropriately .

reporter: the reason for his speech tomorrow is twofold. first, he wants to emphasize law and order, central issue in his campaign. he also wants to reach out to hispanic voters who have been wary of donald trump because of his past hard-line stance on immigration. dalton also continued his outreach to african-american voters. this will be at the great faith ministry church in detroit where he will take questions and give a speech on issues important to the black community. the clinton campaign continues to criticize donald trump in the state of georgia. his running mate mike pence suggested voters are tired of the left playbook. >> the playbook of division, dividing us along racial lines once again. you all have heard the hot speech last week by hillary clinton and by his running mate. the american people are tired . of politicians who divide the american people to unite their support and win elections, i truly believe that.

reporter: two big appearances coming up saturday in detroit then tomorrow evening in phoenix for that immigration speech. the early part of today is going to be all about money. donald trump is fundraising in los angeles, another one in seattle and tonight a rally in everett washington just north of seattle before he heads to arizona and that big, eagerly anticipated immigration speech and the trump campaign playing his cards close to its death. they want what he says to be a real surprise, jenna? jenna: we will wait for that, thank you. jon: meantime, hillary clinton is off the campaign trail for most of this week and continuing to count. it's been 268 days since ms. clinton last held a formal news conference. tim kane is busy enough making rounds in the battleground state of pennsylvania where our senior political correspondent mike emanuel is following him. continue our team coverage live in lancaster b6 good morning. fox has confirmed with the

democratic source outside the clinton campaign that the clinton team is seeking insight into donald trump's deepest insecurities, looking for a way to get under his skin and fluster him in the first presidential debate. our democratic source notes that when marco rubio during the primaries talked about the size of donald trump's hands that flustered donald trump, taking him off his game. comments about bankruptcy and other business matters, he will be better prepared to answer. the clinton campaign has at least 25 researchers digging

into four decades of trump's background looking for ways to fluster him on the debate stage. there will also likely be plenty of questions about the close ties to the clinton foundation with hillary clinton's state department team and the pressure is building on the clintons to do more like having accepting foreign donations and corporate contributions now. a new york times editorial quote, the foundation could do much more to distance themselves from the foreign and corporate money that risks tainting ms. clinton's campaign. it's plans restricting funding sources only after the election will likely dog mrs. clinton. then there's the clinton push in typically read and conservative utah. the clinton campaign is telling voters there that donald trump is unfit and unprepared in a direct mail piece. it is rare for democrats to invest resources in conservative utah but the clinton team is giving it a shot. meanwhile here in battleground pennsylvania, we will track down hillary clinton's running mate senator tim kaine and get a chance to look at him up close on the stump . jon: mike emmanuelle, thanks very much. also absent from the campaign trail, president obama but that could soon change. the president made only one appearance with hillary clinton, that was this summer before the convention but reportedly he will join her for an event in a couple of

weeks and campaign for her virtually every day through october. the president has a big incentive for helping ms. clinton when the white house. his legacy very much at stake in this election. let's bring in carol lee, white house correspondent for the wall street journal. the president is trying out mrs. clinton wins so he's afraid what, donald trump will undo many of the things that he has done? >> that exactly right. if you talk to anyone who worked on the president's first two campaigns they will tell you their biggest fear is to watch donald trump do what president obama did when he came into office within days of undoing , every day there would be an event where he would make a show of undoing some policy that president bush had adopted and they continue to see that for the first hundred days. so in many ways, this is an election that is as important to the president as his own two elections are because his entire legacy is online. jon: but for instance, a day or two after he took office he announced he was going to

close the guantcamo bay prison. said he was going to do that and that still has not been accomplished. the president's hands in some respects are tied. >> they are and that has been one of the most stubborn policy items on his agenda. he still says he's going to close it within the next five months three and if you look back over the last 7 and a half years you will see how difficult that actually is and most people don't expect that to happen but that is still a priority of his and it's another reason why the president would like to make sure that it's hillary clinton and not donald trump who takes office in january because the likelihood that prison is not going to be closed is high and donald trump has said he would add to guantcamo bay whereas hillary clinton is more in line with where the president is on that issue and a number of issues. jon: the polls have been tightening, will get into that later on in the hour but the press secretary for the president, josh ernst was aboard air force one. he weighed in with this quote, he said, i think one observation i can make is one of the benefits of having the

strong political support of someone as high-profile and influential as president obama is that he doesn't struggle to get attention for the the affirmative case he will make for secretary clinton. there may be other prominent supporters of secretary clinton that we get a lot of attention for their remarks if they are appearing on stage with secretary clinton. president obama can do so on his own. polls have been tightening. if she trots out president obama, is that going to be enough to reverse that trend? >> that is the biggest question. no one really knows yet. the president however is tremendously popular when you look at past sitting presidents. they don't tend to campaign

for their party's nominee because they are not as popular. you didn't see george w. bush on the campaign trail in 2008 for instance. president obama's ratings have been on the rise so that makes him in the eyes of the clinton campaign an asset on the campaign trail and while you haven't seen him on the campaign trail in a meaningful way yet, their plan is to have him out there tremendously in october in the hope that if he is steadily on the campaign trail, is population will energize voters and he will be able to bring her over the finish line but no one really knows. jon: why not work on his legislative agenda? if you are a lame duck president going into the final months of your term, why not pick up the phone and callthe speaker of the house , the majority of the senate and get something accomplished? >> if you look back over the last several years they haven't been able to accomplish much anyways and no one expects any legislation even if the president were to lean into it right now is going to be

moving through congress, particularly this close to the election and i think in the eyes of the president, from his viewpoint, his best way of advancing his agenda right now is to make sure that hillary clinton gets elected so that's where he's putting all of his energy, that's where his energy will be in the coming weeks and the lame duck session there is some hope within the white house although not much oak on capitol hill that he will be able to get one of his big pieces of legislation and that is the pacific trade partnership, the new trade pact with asia . that's really the last piece of big business that he has that he would like congress to do for him. jon: even hillary clinton opposes that as those donald trump. so if that gets signed, is that something the new president, whoever it might be could undo? >> if it passes latest legislatively it would be hard to undo and that's why the president would like to make sure it gets passed in this last session of congress before he leaves office but if you talk to republicans leadership on capitol hill, they say it's not going to happen and the white house they are holding out hope the

president will go to asia this week and try to make a big pitch there. he will try to make a case for it in coming weeks in the us and it remains to be seen whether or not he will be successful but it seems to be that it would happen in the lame duck session if not even before and now those hopes are really good. jon: just an update to the number, i don't know if you have been counting, maybe you are the source of this but it's actually 269 days since hillary clinton had a news conference, a full-blown news conference. updating the number . wall street journal correspondent, thank you. jenna: a disturbing new trend in the persian gulf involving more and more dangerous confrontations between ran and the u.s. navy. what the pentagon is now saying. we are live with that story. smoke billowing after a fire breaks out, sparking the evacuation of a luxury hotel. it's not the first time this has happened in the area. you expect the presidential election to be a close one?

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trying to douse the fire that broke out at a high-rise building under construction in abu dhabi. thick black smoke can be seen billowing from the skyscraper. the flames forced the evacuation of the nearby hotel. no risk reports of casualties but this area has been hit by a string of fires including one in a residential tower in dubai, another at a luxury hotel near the biggest shopping mall on new year's eve. jenna: now to a story, the rising tensions with iran as fox news learns confrontations between iran and the u.s. navy in the persian gulf nearly doubled in the first half of this year. the latest incident involving this us warship and the iranian revolutionary guards naval patrol. it happened near the straight of hormuz and you know the

strategic trade route which is the only cpap from the persian gulf out to the open ocean. our chief washington correspondent james rosen is live in dc speak sex you have it right, defense department sources tell fox news the first half of this year already has witnessed nearly twice as many confrontations of uranium vessels on the high seas. at the same period in 2015. the extraordinary search in seaborne incidents for the u.s. navy is typified by this on one week ago when navy video captured for gunboats from the iranian revolutionary guard coming within 300 yards of the destroyer uss this up as the iranian ships ignored radio warnings. the next day in the northern goal, uss waller coastal patrol ship fired three warning shots from his 50 caliber machine gun when another iranian vessel come within 200 yards. on top of all that iran is bolstering its defenses in and around its former uranium enrichment site in iran. international inspectors say iran is complying with the terms of the nuclear deal

finalized yet last year and that place is being used for medical research. still, video aired appearing to show the deployment at fordham of the russian-made air defense system. the white house said yesterday the russians have held off on selling the missile system while the nuclear talks are underway. >> it's not prohibited under any un security council resolution because it's a defensive system so even for instance the arms embargo that had been in place in the recent regime could have the defensive system. that doesn't mean we don't increase in the iranian military capability and it expresses concern. >> iran's supreme leader told soldiers at an airbase in tehran this past weekend that the enemy, meaning the united states should know that the iranians will hit back if they are fired upon by us

ships. jenna? jenna: james, thank you. jon: polls show hillary clinton is heavily favored by hispanic voters but a significant split in that population could give donald trump a window of opportunity. we will explain that next. and the camera rolling during an amazing rescue. workers left dangling over the edge of the bridge. how they managed to make it to safety.

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jenna: donald trump repeating what has been a rallying cry through his campaign, immigration reform a major issue tracking his supporters but is also raising questions about how much this issue could hurt him, especially among hispanic voters. a piece in the washington post points out the hispanic voting block is more nuanced than widely discussed and the headline sums it up. hillary clinton dominates among hispanics unless they are english-speaking or american-born. it goes on to read in part quote, a gallup poll shows hillary clinton retains big advantage among hispanic voters. this as you might expect but the poll also shows there is a significant split split in hispanic community between hispanic immigrants and us-born hispanics. the author of that piece is erin blake, he's a senior policy reporter there and joins us now, also joining us is wall street journal national politics reporter beth reinhardt, she's previously spent time in florida covering the diverse landscape there. great to have you both, a few questions for you aaron as get started in this conversation. you took the numbers, what is the take away with this voting group >> i think we look at the hispanic vote as a monolithic

voter block that may be trending more towards democrats in recent years . certainly point is true, they have gone more democratic but it's interesting when you break it down as i did among immigrants versus us-born, among english speaking hispanics versus bilingual and spanish-speaking hispanics. there are big differences and if you look at us-born hispanics and hispanics that speak english as their first language, they look a lot like the rest of the population when it comes to how they view both presidential candidates there was one pole from the queue research center that showed us-born hispanics favored hillary clinton by seven points while the rest of americans favored her by nine so when you look at the hispanic vote there might be a bigger difference when we look mostly at immigrants and those who don't speak english as a first language . jenna: who are the most

likely voters when you look at the group of hispanics, the ones that are here that are american for board versus immigrants, were more likely to turn out? >> if you look at the numbers, there are about 57 percent of registered voters in the united states, registered hispanic voters are not english dominant speakers area so this is a bigger portion that is more clinton favorable group here. but it is a situation where it really depends on turnout and hispanic immigrants and non-english feature speakers are generally less likely to turn out, it's been a big bonus for democrats trying to get them to turn out in the florida vote area and a lot of this seems to according to these polls depend on which group turns out more in a given election because if the trump campaign can get more us-born hispanics out, it's going to be a better picture for them. jenna: that, what's your experience covering florida about which part of the hispanic block does come out to vote? >> it's always the older generation that is the most dedicated when it comes to election day. but just like aaron was

describing, there are in florida as well, there's a gap between first generation hispanics, people who were born in america and those who were born in cuba or puerto rico or other countries. you see that on issues like the cuban embargo where the people that are born here, they see less incentive for that and look at that as an outdated policy where the older generation still have that passion about protesting fidel castro. jenna: are hispanic voters really one issue voters? we often link the immigration issue and what trump is doing with this big speech without impacts hispanic voters but are hispanic voters on issue voters? go ahead aaron and then we will have you back.

>> it's certainly not. i would say is easy, this is another way where we oversimplify the hispanic vote. it is easy to look at immigration as the issue on which hispanics vote. it is much more of a threshold issue for many of them. i think it's something that will turn them off but if the republican party gets right on it and doesn't let anemail come over en masse, the problem republicans have with us hispanic voters is a lot having to do with their economic policies . if you look at past polls, hispanic voters tend to be much more favorable toward government intervention, government programs helping people out. things the republican party has generally tried to shrink over the years so i would argue even if the republican party does eventually get some kind of comprehensive immigration reform done which is a big question, that's not going to be a cure-all. there's many steps they have to make in order to appeal to this demographic. jenna: beth, do you agree with that? >> i do. i think the economy and

national security are the biggest issues like for hispanics just like they are the biggest issue for any other ethnic group but certainly they are more sensitive to the language that candidates use when they are talking about immigration. i've heard people describe immigration as sort of a gateway issue , meaning that if they adopt sort of a friendly tone versus a tone that sounds like we don't want you in this country, that can bite be either offputting or draw you to a candidate but certainly jobs and security are paramount. jenna: this sounds easy to understand as we take a look at some of the language and the word choices that both candidates are using. a final question for you both. this immigration speech for donald trump is being billed by the media and some of his

supporters as a do or die moment. if he gets this right means he has a chance. if he gets it wrong, even among his face, hispanic voters not including in that, just the base that has been following him that he has no chance at all. do you see it in the same vein? >> it's going to be difficult for donald trump to appeal to hispanic voters no matter what he says on wednesday. i think in a lot of ways it's similar to what he's doing speaking to african americans. he may not be necessarily appealing to african-americans or hispanics typically but trying to make himself seem more reasonable, more middle-of-the-road. combat questions that democrats and others have raised about whether he's a bigot. these are ways to him to prove that that's not true and that he's more amenable to people who have some of those concerns about him. we don't know how far he's going to go on this immigration speech, whether he's going to come towards the middle or a little bit more but it's all in the name of making him look like a more appealing candidate to those voters and not necessarily hispanics .

jenna: what's your sense covering national politics now? >> i would expect, and it's not wise to make any productions about something donald trump may say or do but i would think he would want to try to strike a balance in his speech to reassure his loyal supporters who are attracted to his very law and order stance that he's still on their side. he's still going to build a wall as he treated this morning but he also, looking at the polls, knows that he needs to make some overtures and i think we will see him at least repeat the sort of softening language that he's been using in the last few days. i'm not sure he will go much further. jenna: donald trump on twitter, from day one i said i was going to build the great wall on the southern border. wednesday there the tweet from donald trump. great to have you both, thank you so much. jon: chinese built the great wall. president obama leaving his marcher on the judicial system and were not talking

about his supreme court appointments. what's behind his legal legacy? do consumers feel more confident about the economy? confidence can have its consequences. does it mean interest rates could rise? we will have a live report next.

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race for the white house with a monmouth university poll showing hillary clinton's national lead streaking. it now shows her leading donald trump by seven percentage points. the real clear politics average of polls puts it even closer with the only five points so separating clinton and trump.joining us now, scott jennings, former ohio state director for mitt romney's presidential campaign and former white house political director to george w. bush. also with us, downey fowler who has worked on seven presidential campaigns and served in the clinton administration as a liaison to congress. welcome to both of you. so donnie, she still has the lead. the lead is shrinking. what does it say about the state of the race at this point? >> you only have to win by one vote in most elections so some people say if you win by more than one vote, you wasted your money and your time so she is still ahead in the national poll but the

truth is the national polls as the founders dictated don't really matter. what matters is winning enough states in the electoral college to get a majority of the electoral college votes and that means we are only really looking at 10, maybe 11 states that could go either way, for trump or clinton. states like california are going to go for clinton, states like texas are going to go for trump so we're looking at a contest in about 10, maybe 11 states here. hillary clinton is winning or tied in every one of those states and that's where i'd rather betoday , hillary clinton then donald trump. jon: let's take a look at five of the big ones. ohio, florida, north carolina, nevada and pennsylvania. in each one ofthose dates, hillary clinton is up by anywhere from two points to as many as eight points . scott, if you are the trump campaign, how do you overcome those numbers? >> i think in some ways hillary clinton's lead is and chicken wire. she's got consolidation of her base that donald trump doesn't have. if donald trump can find a way to pull republicans together the way that mitt romney did, this is a

tiebreak. you look at the national average, she's in the low 40s. this is not a country that's anxious to do this. they're looking for a reason not to vote for hillary clinton so if i am the trump campaign i am focused on base consolidation because he's showing independence in a new survey, he was up by 17 points with independence so he's got strength there. he's got to pull republicans together and make this a ballgame heading into the first debate. jon: donnie, you are coming at this from the democratic perspective but do you agree? if trump were to shore up his support with republicans does this become a tighter race? >> donald trump's main problem is with moderates and independent-minded republicans, not with conservative hard-core republicans. that's his problem and out of those 10 states that are up for grabs right now he's got to win eight out of 10 of those states.

in other words, if you're a baseball player and you back 300, you're going to the hall of fame. donald trump has to that or higher to become president. he's losing because republicans are not comfortable with his leadership on foreign policy, not comfortable with his crazy statements so his problem is his own party, not the rest of the country. jon: if that's true scott, the republicans or some republicans are not happy with him, can you bring them back on board? >> i think he can. republicans are the most likely people in the country to abhor the thought of another clinton presidency so as he goes around the country for the next few weeks campaigning, as he goes into the first debate is talking to a group of people who don't want another four years of clinton, they don't want more of the same they had for the last eight years so yes, he can absolutely bring them on board. ultimately i think the last few republicans he needs to make this a thai race just want to know that if they elect a republican president, they can be proud of it and he's got time to pull the

base together. it hasn't happened yet, he's stuck in the high 70s around 80, she's up around 90 but he does have an opportunity to do that in his speech tomorrow, the debate is coming up, there's time. and he can pull it together where in for a close race in november. jon: is that the number that he needs to get to, 90 percent? >> it would be difficult for any candidate of a national party to win the white house with less than 90 percent of their party. that's about what you can expect to get. getting less than 90 percent makes it difficult so i think base consolidation for trump is important. that's why you hear a clinton rolling out republicans for hillary, she knows that it donald trump pulls the base together, she's in real trouble because she is suffering right now among independent, unaffiliated voters . jon: donna, go ahead if you think we don't want more eight more years of the clinton presidency where when people were making more money on average, if you don't want another eight years of resident obama where we've had private-sector job growth. every month for the last six years, we are where we are

largely at peace and not in any major wars, where things are moving along, the stock market is in record numbers. if you want to turn back on good economy, good stock market and wage improvement, let's go back. let's choose donald trump. jon: there are those who could take issue with all those points except the stock market but we will do that in another segment sometime. scott jennings, donnie fowler, thank you both . jenna: now this alert, vice presidential nominee mike pence arriving in a campaign event in atlanta. he's at a place called the varsity which calls itself the world's largest drive-in restaurant. looks like lunchtime on the east coast. interesting thing to point out about georgia, this is a area where as reported, hillary clinton is spending more money read georgette now being viewed as a battleground state although it was carried by mitt romney during the last election. mike pence pending a little time there in georgia and we will continue to watch him and monitor for any news.

in the meantime we turn to one of the key issues for any political season and that is the economy and thereare two key sectors of the economy, housing and consumer confidence where we are getting new numbers. those numbers coming in as investors keep an eye on the fed and whether it raises interest rates. right now, you see trade a little bit lower in what is normally a quiet week on wall street . comey with the network is here to break it all down. you got both of those things right, closed on monday so volume is light, many traders already at the beach and of course the question of whether that hikes interest rates, do that going into election? when do they do it? we got a batch of news on the economy that shows not only are things getting better but we finally think things are getting better, that's important. to report out today, first on home prices, they continue to go up the good news for buyers is the case of increases is moderating. those prices rose 5.1 percent in june in 20 cities that are

tracked. however that was the slowest space in 10 months. cities like portland and seattle, these big double-digit price increases in cities like new york and washington dc saw increases of a more modest two percent in the past year. we got a separate report on consumer confidence, it rose to its highest level in almost a year. there's part of that report that measures how we feel about things right now and believe it or not, that was the strongest reason in 2007 as the consumer often views the economy so the jobs report for august is due on friday morning. the federal reserve will weigh that number with its other data to determine if the economy can handle hires interest rates. if they decide to rip off the band-aid and push of the mortgage and all that, when will they do so and how many times will they do so? fed vice chair stanley fisher told bloomberg that it's impossible to say whether the next rate hike would be one and done but we do know is

possible to say the rate hike is near. jenna: it will be interesting before the election, after the election, all the more reason to watch.jon: the fbi warns about a big risk to the election amid evidence actors have cracked into two state computer systems. one lawmaker wants the fbi to take a stern look. plus, traffic at a standstill while two workers hang on for dear life. how they managed to get back to solid ground. >>

jon: there are new worries russia might be trying to influence or sway the american elections. senator harry reid of nevada is asking the fbi to look into evidence of russian interference. his warning comes on the cusp of the fbi warning to be on

the lookout for overseas hackers, two states see hit so far. national correspondent ed henry has more from washington, and? reporter: this could be a critical story come november with the integrity of the presidential election at stake but the impact can be felt as early as tonight, some brick big primary battles in florida. debbie wasserman schultz trying to survive a tough challenge after stepping down from the dnc because of another russian hack of their computer systems and in arizona, senator john mccain in the toughest primary battle of his career. arizona one of those two states where the fbi has issued an alerted election officials in illinois that hackers could be behind recent data breaches. take a look at the impact in these states, 200,000 voter data records stolen in illinois. none in arizona but we are told a county official had their username and password stolen so mischief could ensue. they stand ready with software and one ip address using these attacks.

while the fbi james kobe in washington on cyber security would not comment on these suitcases now under investigation, he made it clear that russia is very much on the fbi's radar, listen very seriously, any effort by any actor including nationstates, especially nationstates that moves beyond the collection of information about our country and that offers the prospect of an effort to influence the conduct of affairs in our country whether that's an election or something else. >> you mentioned senate democratic leader harry reid jumping on this as well, he's a surrogate of course for hillary clinton demanding that komi opened an investigation of donald trump and his ties to vladimir putin. he's writing the evidence of a direct connection between the russian government and donald trump's presidential campaign continues to mount.

the acting cia director calls from an unwitting agent of russia and the kremlin, you will remember trump was left off these allegations of close association with vladimir putin but it is clear that especially with the latest revelations about states being targeted, that all of this is going to be a big issue between now and november . jon: there wouldn't be any politics in the area concerned, when there? >> i can't imagine, the democratic leader supports hillary clinton but maybe there's something there. jon: and henry in washington. jenna: harrowing moments for two workers inspecting a bridge in rhode island. the crane tips over while they were in the bucket underneath the bridge and the men were stranded for more than an hour before rescue crews moved them intoanother bucket and hoisted them back on the bridge. they were treated for minor injuries and surely will not forget that experience . jon: president obama leaving his mark on the judicial

system. the major change to the courts since he took office. what it means for the future. plus, when you tell fido to sit, does your four-legged friend know what you are saying? in new study that could leave dog lovers speechless. >> better buckle up. that inactive satellite radio of yours is ready to roll. because the siriusxm free listening event is on right now! just hit the sat button in your car and listen free thru sept 6. that's right, two glorious weeks of commercial-free music, plus talk, sports, comedy, news, and more. your ride has never, ever, rocked like this. oh yeah, siriusxm is on for free right now. so tune in and let's ride!

jenna: we know the fbi chose not to take hillary clinton

to any sort of charges when it came to the email investigation but now we are going to a potentially as to why they made that decision. more insight perhaps, this coming by way of our team at the justice department saying sources familiar with the matter confirmed to fox news the fbi is preparing to release some of the material contained in the bureaus report of the hillary clinton email investigation, we also told the releases in response to the numerous or your request filed by media outlets concerning the probe. the fbi potentially releasing some of these notes and we will talk more about that as we get more news. in the meantime, we're going to talk a little bit about the court system as well. federal appeals court tilting to the left after dozens of judicial appointees during president obama's two terms in office which has left nine of the 13 democratic majorities says far cry from the one federal court with the democratic majority in 2009 after two back-to-back terms of the bush administration, shannon bream live in washington with more on the ruling. >> like his predecessors,

president obama will leave a lingering stance on policy long after he leaves office because of those hundreds of federal judges he's appointed. most people think of the supreme court where he's had two justices confirmed that the nations highest court takes 70, maybe 80 cases a year and that means the lower court hears tens of thousands of cases and are often the final word on key issues. if the appellate courts level just below the supreme court where president obama's influence is most apparent. the dc circuit is one of the best examples, primary reason why senate democrats blew up the rule, lowering the vote threshold for confirming the president's nominee. that allowed president obama to get the three new judges confirmed, flipping the makeup of the courts which by the way, makes key decisions regarding the use of executive power. forces on both sides say it is clear the president has

had great success in shifting the courts to the left. >> when you have activist judges throughout the lower levels of the federal judiciary, that can have a damaging effect on the american system and the rule of law. orjudges across the country, no matter who they have been nominated by, their ability to stay on the bench for tenure means that the legacy of the president who puts them there will live on. >> right now there are dozens of lower court openings, very little chance they will all get filled by january which means the next president will start impacting the judicial branch right away . jenna: thank you and we will be right back. right back. >> homes than anyone else in the country. the united states postal service. priority: you that's a good thing, eligible for medicare? but it doesn't cover everything. only about 80% of your part b medical expenses. the rest is up to you. so consider an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement insurance plans,

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jon: science confirms something dog owners already knew. your best friend can understand what you're saying. according to a new study a dog's brain functions much like a human does, with the right side processing emotion and the left brain processing meaning. >> have you found this with winston, jon? jon: no. >> we'll get to that in a moment. the words and tone have to match. the dogs are really happy hearing praise from their owners and in approving tone of voice. researchers say other animals can probably understand us too but harder to test since most animals are not interested in human speech and of course can't talk back. >> winston hears everything i say, it is time to eat. >> maybe it is a your tone. this is the tone. the tone has to match the

meaning. something i need to probably learn with my two-year-olds as well. tone matches meaning. jon: it does matter. jenna: get winston in for exclusive. that is jon's dog. john john see you -- jon: next is "outnumbered." harris: on fine tuesday this isout numbered. we have fox business network's dagen mcdowell, radio talk show host meghan mcan cain, and lisa booth and today's #oneluckyguy iraq, afghanistan veteran and fox news contributor, the list gets longer, pete hegseth. >> you know what i call you behind your back? honk, honk, burning hegseth. >> i will take it. harris: now everybody knows